BACKGROUND: Tobacco smoking continues to be a leading cause of preventable deaths and diseases globally. The global exposure of secondhand smoke (SHS) exposure is significant, with around 62.9% of people reporting exposure in any place. Children and adolescents are particularly vulnerable to SHS exposure. Around 1.2 million non-smokers lose their lives due to SHS exposure. This paper highlights the need for implementing human rights laws to protect vulnerable populations from exposure to SHS.
METHODS: A comprehensive review of national and international legal instruments has been undertaken to assess the rights of the individuals, children and women that are violated due to their exposure to SHS.
RESULTS: Every individual has a basic fundamental right to lead a life of the highest attainable standard of health. The right to live in a healthy environment and to lead a healthy life lies at the very heart of the human rights convention of the United Nations including the Article 3 and Article 25.1 of the Universal Declaration of Human Rights, Article 6 of the International Covenant on Civil and Political Rights, Article 24 Child Rights Convention, Article 12 of the International Covenant on Economic, Social and Cultural Rights and Article 12 of the Convention on Elimination of all Forms of Discrimination Against Women. While WHO FCTC Conference of Parties have highlighted the need to implement the FCTC to meet the Human Rights goals on several occasions, including at COP10 in Panama.
CONCLUSIONS: Protection from exposure to SHS may be ensured if such exposure is classified as an infringement of an individual’s right to life guaranteed under the Constitution and International Human Rights Treaties. Governments should revisit tobacco control laws to align them with the provisions of international human rights treaties for the betterment of public health.